Page Nine

Monday, January 16, 2012

I am a bankruptcy attorney in Arizona ($995/Chapter 7) and occasionally have clients come to me who want to file bankruptcy without their spouse for various reasons. Depending on your circumstances, sometimes it can be done and can even be a better option.

If you and your spouse have been legally separated for several years, living at separate residences, and the debt you would like to discharge was solely incurred by you, then you may be able to file on your own without your debtors coming after your spouse. If your spouse has a high income and cannot fit into the Chapter 7 income cap, this may really be your only realistic option. You can then list your spouse as a co-signer on any debts that were incurred by both of you, and the bankruptcy should afford your spouse some level of protection. Generally, you will not need to list your spouse's property or debts on your petition.

But if you are still living with your spouse, and only you file bankruptcy, there is a good chance the creditors will come after your spouse after you file bankruptcy.

Even if you are divorced, if you incurred the debt together, there is a good chance your creditors will come after your ex-spouse after you file bankruptcy.

Be sure to go over this thoroughly with a bankruptcy attorney, because the ramifications of filing incorrectly can be disastrous.